2016 · Q114
Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?
General KnowledgeIndian Polity and Governance
- AIt was inserted by the Constitution (First Amendment) Act, 1951.
- BThe Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.
- CThe Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of basic structure.
- DThe appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.
Explanation
Statement (b) is not correct: the Ninth Schedule (inserted by the First Amendment, 1951) was created precisely to immunize listed land-reform laws from being voided for violating fundamental rights. After I.R. Coelho (2007), the Supreme Court can review post-April-1973 insertions only on basic-structure grounds (c true), and legislatures may repeal or amend listed Acts (d true).